One of the dumber debates in recent history has broken out in the wake of Justice Antonin Scalia’s passing. Senate Majority Leader Mitch McConnell has suggested that President Obama shouldn’t nominate a replacement for Justice Scalia because Obama is in the last year of his final term.

Opponents, including the president himself, have responded that the Senate has a constitutional duty to bring Obama’s appointments to a vote and to confirm one, if qualified.

Both sides are completely wrong. The President has the legitimate authority to nominate a successor on every day of his presidency, up to and including the very last day. That precedent was set by no less than the second president of the United States. As Elizabeth Warren astutely observed,

Article II Section 2 of the Constitution says the President of the United States nominates justices to the Supreme Court, with the advice and consent of the Senate. I can’t find a clause that says “…except when there’s a year left in the term of a Democratic President.

But neither can be found the words “shall bring to an up or down vote” or anything to the effect that the Senate is required to take action on the President’s nominees. The Constitution was deliberately constructed so that inaction would be the starting point in all matters. The reason for the separation of powers was to ensure that things didn’t get done efficiently within the federal government, because efficient government is a threat to liberty.

U.S. Secretary of Defense Ash Carter told the Harvard Kennedy School Tuesday that Americans will be grappling with violent extremism for generations to come. If that feels like déjà vu, you’re not imagining things. Air Force Brig. Gen. Mark O. Schisslersaid the same thing – in 2006.

Schissler was expressing concern at the time over wavering public support for a war that had already lasted longer than WWII. His concern was warranted. The Republican Party had just suffered a shellacking in the mid-term elections, largely due to public dissatisfaction with “neoconservative” foreign policy. They would lose the White House two years later for largely the same reasons.

American voters may have believed they “threw the bums out,” as Carroll Quigley might put it, but the foreign policy never changed. The Obama administration may have used different tactics, but it’s been even more interventionist than Bush’s. It’s certainly intervened in more countries.

Bush and the 2000s Republicans were called neoconservatives, but they weren’t. Their way of seeing the world is classic conservatism, straight out of Thomas Hobbes. Hobbes not only saw all individuals, but all nations, in a de facto state of war with each other, in the absence of some overwhelming external force “keeping them in awe.”

This was the inspiration for the British Empire, which sought to “civilize” the world by force of arms. It eventually bled itself dry, its biggest failures occurring on precisely the same ground the United States is bleeding on now.

Milwaukee County Sheriff David Clarke told Fox News yesterday, “President Obama has breathed life into this ugly movement,” meaning Black Lives Matter and the “war on cops” Clarke says the president is at least partly responsible for.

This is part of a larger narrative in right-wing media that cop killings are increasing due to Obama’s tacit support for anti-cop activist groups and failure to condemn those who attack or kill police officers.

There’s only one problem with the narrative: Cop killings are way down during Obama’s presidency and on pace this year for the lowest annual total this century.

TAMPA, January 21, 2014 – Bill Maher interviewed journalist Glenn Greenwald following President Obama’s speech on Friday in which the president discussed his proposals to reform the NSA. Greenwald is the journalist who first reported on the information released by Edward Snowden on the government’s domestic surveillance activities.

While Maher was respectful of Greenwald and, to some extent, Snowden, he went out of his way to smear some of Snowden’s claims about the government’s activities as “completely nuts.” He also found it necessary to take a shot at Ron Paul, who wasn’t even involved in the issue at hand.

For Maher and too many likeminded people, anyone who doesn’t view the government as a benevolent force for good is a tinfoil-hat-wearing kook who believes all civilian life is the target of a massive conspiracy involving the government, secret societies, aliens, etc. Thus Maher’s retort, “Everyone in the government isn’t out to get you.”

That’s what’s known as “framing the debate.” You’re either with Bill Maher and President Obama or you’re with the kooks. You may also be somewhere in the middle, where Maher apparently places Snowden. It completely ignores the many other perspectives one might have, including that of most libertarians.

Libertarians don’t believe that the people who work for the government are evil. It’s the institution of government itself, a monopoly on the use of force that can martial the resources of the entire nation. That kind of power is dangerous even when used by good people with good intentions.

President Obama delivered a speech on Friday outlining his plans to address the widespread outrage over the domestic surveillance activities of the National Security Agency. However well-intentioned, the president’s proposals indicate he just doesn’t get the constitutional notion of delegated powers.

Implicit in the Fourth Amendment is the principle that the government should remain powerless unless and until an individual is reasonably suspected of having committed a crime. It isn’t even allowed to search one’s person or papers (viz. phone records, emails) to collect the proof it needs until it persuades a judge that it has probable cause.

The only reason the Fourth Amendment offers any protection is it prescribes an adversarial process. The judicial branch is predisposed to refuse to issue a warrant until the executive branch provides sufficient evidence of probable cause.

TAMPA,January 18, 2014 – President Obama outlined his proposed reforms of the NSA’s domestic surveillance activities in a speech on Friday. The speech was at times eloquent and the president’s intentions appear genuine, but his recommendations for reform are inadequate. As long as the government is trying to prevent crime or terrorism in the future, it’s going to trample liberty in the present.

The president stated the crux of the problem during his speech:

“So we demanded [after 9/11] that our intelligence community improve its capabilities and that law enforcement change practices to focus more on preventing attacks before they happen than prosecuting terrorists after an attack.”

Freedom requires that the government not attempt to prevent anything. All powers granted to the government relate to crimes committed in the past.

The Bill of Rights rests upon this assumption. Rooted in what is now called the “libertarian” principle of non-aggression, the Fifth Amendment prohibits the government from using force against an individual until it has proven beyond a reasonable doubt that the individual has committed a crime in the past.

The Fourth Amendment goes even farther, prohibiting the government from even searching an individual or his papers (e.g., phone records, e-mails, etc.) without probable cause that the individual has committed a crime in the past.

The entire Bill of Rights supposes that you are beyond the reach of government until you have actually committed a crime. That logically excludes the possibility of the government preventing anything, because the government must employ force against the innocent to do so.

TAMPA,January 15, 2014 – The Associated Press reported today that Republicans and Democrats are ready to support a $1.1 trillion spending bill that would fund the federal government through its current fiscal year, which ends September 30, 2014. Citing a perceived mandate from voters to put aside their differences, Congress largely abandoned the superficial cuts remaining from sequestration.

Those widely reported “cuts” weren’t really decreases in spending. They were merely promises to increase spending less than planned.

Out in the real world, when an employee making $18.00 per hour gets a 5% pay cut, his new hourly wage is $17.10. That’s not how it works in Washington, D.C. When a federal program funded at $3 billion in 2013 is “cut,” it’s funded for $3.1 billion in 2014 instead of $3.2 billion.

What have been called “draconian cuts” and “gutting the military” by hysterical politicians and media are, for the most part, increases in spending that beneficiaries deem inadequate. Now, even that infinitesimal restraint is gone.

Depending upon which poll one cites and the wording of the questions in it, there is some evidence that the public was unhappy with last autumn’s government shutdown and desires more “bipartisanship” in Congress. Representatives on both sides of the aisle were eager to comply in an election year.

“There’s a desire to show people we can do our job,” said Rep. Mike Simpson, R-Idaho.

However, no poll attempts to separate net taxpayers from net tax collectors. It shouldn’t surprise anyone that the latter group would be unhappy with any interruption in government spending. A poll exclusively querying the former group may have yielded far different results.

Regardless of how any part of the public feels about federal spending, it is going to be cut dramatically. The fiscal realities that prompted sequestration and the shutdown have not gone away. Playing nice in Congress hasn’t changed that.

The federal government can only service its $16 trillion debt while its interest rate remains artificially low. The Federal Reserve has attempted to keep it near zero since 2008. It has only been successful because other buyers of federal debt have continued to buy while the Fed has pumped liquidity into the economy with its own purchases.

Should China, the Fed or any other buyer of federal debt cease or even significantly decrease its purchases, interest rates will begin to rise.

When interest rates rise on home mortgages, it hurts. When interest rates rise on $16 trillion, chaos ensues.

According to the White House’s fiscal year 2014 Budget proposal, interest in fiscal year 2013 was $220 billion or 6.2% of all federal spending. That was with interest rates below one half of one percent. It doesn’t take a Nobel Laureate to imagine what happens if the rate begins creeping up to the modest 3-6% levels of the last decade, much less the double digit rates accompanying the crises of the late 1970’s and early 80’s. Annual interest due on federal debt would increase hundreds of millions of dollars.

That would amount to de facto cuts in federal spending on everything else. We’re not talking about make believe “cuts” where spending is still more than the year before. We’re talking about hundreds of billions of dollars less available to spend than the year before. We’re talking about cuts.

Increasing tax revenues isn’t the answer because taxes revenues are already maxed out. The only real debate left on tax rates is whether the top rate on the wealthiest should be 33% or 39%, which is inconsequential to the debt problem. If tax rates are raised significantly overall, revenues go down. That’s already been proven.

So, the federal government tiptoes forward on a fiscal tightrope, dependent upon a set of artificially-created conditions that could change at any time. An overpriced stock market could crash on its own. China could decide to cease or decrease its debt purchases. A natural disaster could occur. Any of these could start the dominoes falling towards higher interest rates, recession for the economy and an unserviceable federal debt.

Even if none of the above occur, the end is inevitable. If printing money to buy your own debt were sustainable, the government could legalize counterfeiting and everyone would be rich. Sooner or later, economic reality will assert itself and the United States will be forced to consume less than it produces. The only question on federal spending is whether it will decrease due to a deliberate act of Congress or the way Greece’s did.

TAMPA, December 5, 2013 — There has been predictable bluster about President Obama signing a deal with five other nations to begin the process of lifting sanctions on Iran in exchange for commitments by Iran not to develop nuclear weapons. Neoconservatives have howled that it abandons U.S. ally Israel and endangers the entire planet.

Regardless, it is a harbinger of things to come. Economic reality is forcing the United States to change its interventionist foreign policy. Normalizing relations with Iran is just one part of that puzzle. Without a realistic political solution to crushing entitlement liabilities, the only place to make meaningful cuts is in military spending.

As the U.S. government comes to grips with the inevitable, Americans should expect to hear quite a bit about the end of a decade of war and of the sacrifices so many have made to “accomplish the mission.”

There’s no doubt about the sacrifice, both in blood and treasure. It’s the accomplishments that should be evaluated with a high degree of skepticism.

A good percentage of the public seems to regard the Iraq War as a colossal mistake. President Bush took the fall for that, as did the Republican Party in two straight elections. President Obama campaigned successfully on the argument that Iraq was “the wrong war.” The United States should be concentrating on Afghanistan, he argued, from whence the 9/11 attacks and other terrorism supposedly originated.

Americans seem to accept this premise implicitly, but it is far-fetched justification for a decade of war and $5 trillion in additional debt.

Despite most of the 9/11 attackers being Saudi Arabian, Americans were told that Afghanistan must be invaded because Osama bin Laden and his Al Qaeda army enjoyed a safe haven there, where they “radicalized” new Islamic terrorists in a network of paramilitary training camps. By invading Afghanistian, Americans were told, the U.S. government could break up the camps and greatly diminish the threat of terrorism.

It all makes good sound bites, but almost none of it has any connection to reality. There is credible evidence that the 9/11 attacks were planned in Hamburg, Germany, not in Afghanistan. Whether that’s true or not, minimal critical thinking skills are required to arrive at the conclusion that an attack like 9/11 could be planned anywhere.

The Tsarnaev brothers proved that last April. Immediately following the attacks, there were several reports of authorities trying to establish that the elder Tsarnaev had traveled to Dagestan to “become radicalized.” This was a desperate attempt to keep the narrative going. Terrorists like Tsarnaev have to go somewhere in order to become fully committed to crimes like the Boston bombing.

Otherwise, the U.S. government really wasn’t accomplishing anything by invading and occupying Middle Eastern countries.

Ultimately, authorities concluded that Tsarnaev had changed his mind about joining a militant group in Dagestan and had been radicalized right here in the USA.

Whoops.

For the second time in two generations, America has spent over a decade at war in third world countries thousands of miles away. With the Taliban officially part of negotiations and likely to be a major force in post-war Afghanistan, if they don’t return to power altogether, Americans should face some harsh realities.

The first is that twelve years of war in the Middle East has accomplished absolutely nothing. There is no cause and effect relationship between the invasions of Iraq and Afghanistan and the risk of new terrorist attacks in the United States. There never really was. It just sounded good when passions were high and the government felt it had to “do something.”

It hasn’t made Americans freer at home, either. On the contrary, the past decade has seen American society adopt a national security state footing that bears far too much resemblance to 1930’s Germany. There might not be concentration camps or mass murders, but Americans certainly live in a “Papers, please” culture, complete with surveillance cameras on every corner and drones flying overhead.

It’s important to face these facts and learn from history if American doesn’t want to remain doomed to repeat it. America should mourn the dead, take care of the wounded and try to put its finances in order. But don’t let the government put a smiley face on this debacle.

Otherwise, our children may find themselves fighting the next unnecessary war. They already have to pay for this one.

TAMPA, September 10, 2013 – Syrian foreign minister Walid al-Moallem said earlier today that his government would accept the proposal to surrender its chemical weapons for destruction by the international community, according to the Associated Press. The proposal was made by the Russian government in an attempt to avoid U.S. airstrikes in reprisal for alleged chemical weapons attacks by its Syrian counterpart against rebels and civilians on Aug. 21.

The Syrian government has consistently denied launching the attacks.

President Obama has now reportedly changed the goal of his meetings today with Congressmen from persuading them to approve his military strikes to participating in the diplomatic solution. This begs an obvious question.

Why was it Russia that proposed a diplomatic solution, while the Nobel Peace Prize-winning U.S. president would consider nothing but war?

Indeed, Russian president Vladimir Putin has consistently been a calm voice of restraint and caution during the entire crisis, while Obama has sounded more like Khrushchev than Kennedy.

Syria is a longtime Russian ally and the home to Russia’s only military base outside its borders. The U.S. threats of military action against Syria is only the latest in a long train of provocative actions by the U.S. government towards its former Cold War adversary. As Pat Buchanan wrote in the American Conservative,

“George W. Bush sought to put an anti-missile system in Poland and the Czech Republic. Neither country had requested it. We said it was aimed at Iran. When my late friend, columnist Tony Blankley, visited Russia in the Bush II era, he was astounded at the hostility he encountered from Russians who felt we had responded to their offer of friendship at the end of the Cold War by taking advantage of them.”

The Soviet Union collapsed in 1991, chiefly for economic reasons. That’s not the same as surrendering to an adversary in a hot war. Yet, the U.S. government has treated Russia more like Germany after the Treaty of Versailles than the major First World power that they remain.

Imagine how the U.S. government would react if Russia were talking about bombing Israel in response to some alleged misdeed?

Yet, Putin has avoided bellicosity in the face of the Obama administration’s refusal to consider anything but military action, asking only that the administration at least wait for all of the evidence to be presented and examined.

Yesterday, it was Putin who proposed a diplomatic solution to the crisis while Obama maintained his full court press for war. This isn’t the first time that Americans have been confronted with bizarre role reversals between their government and Russia’s. At a G20 conference in 2009, while the Obama administration was promoting its housing bailout bill, Putin lectured the administration about the evils of socialism.

“Excessive intervention in economic activity and blind faith in the state’s omnipotence is another possible mistake…In the 20th century, the Soviet Union made the state’s role absolute. In the long run, this made the Soviet economy totally uncompetitive. This lesson cost us dearly. I am sure nobody wants to see it repeated,” said Putin.

For the past four and a half years, the Obama administration has pursued the very interventionist economic policies it had so vehemently criticized the Bush administration for, while the Russian government advised to let the market do more of the work.

During the Syrian chemical weapons crisis, the Obama administration has demonstrated the same eagerness for war, the same rush to judgment and the same disregard for the opinions of the international community and its own citizens that it criticized the Bush administration for in the lead-up to Iraq. It has managed to make the Russians look like the good guys.

TAMPA, September 6, 2013 – Public opinion polls are virtually unanimous. The American people oppose military intervention in Syria, despite poll questions worded in a way that assumes the Syrian government perpetrated chemical weapons attacks against its own people. The Washington Post/ABC News poll asked:

The United States says it has determined that the Syrian government has used chemical weapons in the civil war there. Given this, do you support or oppose the United States launching missile strikes against the Syrian government?”

Who could imagine the question being put in words more likely to elicit a favorable response? Nevertheless, Americans were resoundingly against military intervention. 59% said they opposed missile strikes. 36% said they favored them. 5% were undecided.

Results like that in a poll so obviously constructed to achieve the opposite begs the question:

Does anyone really believe the Assad government launched chemical weapons attacks against rebels and civilians?

That virtually every politician and pundit talks about the attacks as if it were proven they occurred and that Assad’s government perpetrated them is beyond surreal. U.N. weapons inspectors say that they won’t even be able to confirm that chemical weapons were used for two more weeks. Yet, the Obama administration says it is not only certain the attack occurred, but that Assad’s government launched it.

This despite strong suspicion that it was the rebels, not the Assad government that launched the chemical weapons attack earlier this year. As reported by Shaun Waterman in the Washington Times on May 6,

“Carla del Ponte, a member of the U.N. Independent International Commission of Inquiry on Syria, told Swiss TV there were “strong, concrete suspicions but not yet incontrovertible proof,” that rebels seeking to oust Syrian strongman Bashar al-Assad had used the nerve agent.”

The rebels stood to gain far more from last month’s chemical weapons attack than Assad. The government had the upper hand in the two-year-old revolution. The attack would increase the chances that an outside force like the U.S. would join the struggle on the rebels’ side. Judge Andrew Napolitano is skeptical that the attack occurred at all and, if it did, that Assad perpetrated it. Writing in the Washington Times, he says,

“Never mind that the photos shown by Mr. Obama’s folks of aid workers ministering to the supposed victims of government gassing show the workers without gas masks or gloves, and never mind that the Assad regime has permitted United Nations weapons inspectors unfettered access to its materiel, and never mind that the president wants to invade Syria before the weapons inspectors issue their report. The president wants us to think that the Assad regime intentionally gassed 1,000 Syrian innocents who were of no military value to the rebels or threat to the regime…”

That’s not the only circumstantial evidence questioning the official story. Wikileaks founder Julian Assange told Ron Paul Monday on the Ron Paul Channel that the U.S. government has been waiting for an excuse to intervene in Syria since 2011.

“Stratfor is a U.S. intelligence contractor based in Texas and we got hold of five million of their e-mails. They do consulting work for many different government organizations and private organizations. And one of those e-mails from late 2011, December 2011, is a report back from one of their agents meeting with the U.S. Air Force, members of the French military and British military, speaking about what the hopes and game plan was under various circumstances, essentially by the West, by the U.S. and NATO, if you like. And that they really felt that what they needed was for there to be some humanitarian outrage in Syria and that once they had that, that would legitimize going in with a big airstrike,” said Assange.

With no known evidence against the Assad government and strong circumstantial evidence against the rebels, the Obama administration still insists that they have conclusive proof against Assad, but cannot share the evidence. According to the Washington Times, Russian President Vladimir Putin’s replied,

“Claims that proof exists but is classified and cannot be shown are beneath criticism. “ He added, “If the U.S. says that the al-Assad regime is responsible for that attack and that they have proof, then let them submit it to the U.N. Security Council.”

The Obama administration hasn’t given the American public any more reason to believe it than Putin does. It’s been caught in one lie after another about its domestic spying programs, according to Forbes magazine. It’s also fighting the specter of a war in Iraq over weapons of mass destruction that didn’t exist.

The truth of what happened in Damascus last month will be known eventually. Until then, the Obama administration is trying to sell a dog that just won’t hunt to an American public that’s weary of war and has little reason to believe its government about anything.

If experience is any teacher, Americans would be wise to remain incredulous.